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20 U.S.C. §§ 1059c–1059g

5 sections in range

§1059c. American Indian tribally controlled colleges and universities

20 U.S.C. § 1059c

(a)
Program authorized— The Secretary shall provide grants and related assistance to Tribal Colleges and Universities to enable such institutions to improve and expand their capacity to serve Indian students.
(b)
Definitions— In this section:
(1)
Indian— The term “Indian” has the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [25 U.S.C. 1801].
(2)
Indian tribe— The term “Indian tribe” has the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [25 U.S.C. 1801].
(3)
Tribal College or University— The term “Tribal College or University” means an institution that—
(A)
qualifies for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Act (25 U.S.C. 640a note);1 or
(B)
is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note).
(4)
Institution of higher education— The term “institution of higher education” means an institution of higher education as defined in section 1001(a) of this title, except that paragraph (2) of such section shall not apply.
(c)
Authorized activities—
(1)
In general— Grants awarded under this section shall be used by Tribal Colleges or Universities to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Indian students.
(2)
Examples of authorized activities— The activities described in paragraph (1) may include—
(A)
purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
(B)
construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;
(C)
support of faculty exchanges, faculty development, and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction or in tribal governance or tribal public policy;
(D)
academic instruction in disciplines in which Indians are underrepresented and instruction in tribal governance or tribal public policy;
(E)
purchase of library books, periodicals, and other educational materials, including telecommunications program material;
(F)
tutoring, counseling, and student service programs designed to improve academic success;
(G)
education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ families;
(H)
funds management, administrative management, and acquisition of equipment for use in strengthening funds management;
(I)
joint use of facilities, such as laboratories and libraries;
(J)
establishing or improving a development office to strengthen or improve contributions from alumni and the private sector;
(K)
establishing or enhancing a program of teacher education designed to qualify students to teach in elementary schools or secondary schools, with a particular emphasis on teaching Indian children and youth, that shall include, as part of such program, preparation for teacher certification;
(L)
establishing community outreach programs that encourage Indian elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education;
(M)
developing or improving facilities for Internet use or other distance education technologies; and
(N)
other activities proposed in the application submitted pursuant to subsection (d) that—
(i)
contribute to carrying out the activities described in subparagraphs (A) through (M); and
(ii)
are approved by the Secretary as part of the review and acceptance of such application.
(3)
Endowment fund—
(A)
In general— A Tribal College or University may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution.
(B)
Matching requirement— In order to be eligible to use grant funds in accordance with subparagraph (A), the Tribal College or University shall provide matching funds, in an amount equal to the Federal funds used in accordance with subparagraph (A), for the establishment or increase of the endowment fund.
(C)
Comparability— The provisions of part C regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this paragraph, shall apply to funds used under subparagraph (A).
(d)
Application, plan, and allocation—
(1)
Institutional eligibility— To be eligible to receive assistance under this section, a Tribal College or University shall be an eligible institution under section 1058(b) of this title.
(2)
Application—
(A)
In general— A Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
(B)
Streamlined process— The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section.
(3)
Awards and allocations to institutions—
(A)
Construction grants—
(i)
In general— Of the amount appropriated to carry out this section for any fiscal year, the Secretary may reserve 30 percent for the purpose of awarding one-year grants of not less than $1,000,000 to address construction, maintenance, and renovation needs at eligible institutions.
(ii)
Preference— In providing grants under clause (i) for any fiscal year, the Secretary shall give preference to eligible institutions that have not received an award under this section for a previous fiscal year.
(B)
Allotment of remaining funds—
(i)
In general— Except as provided in clause (ii), the Secretary shall distribute the remaining funds appropriated for any fiscal year to each eligible institution as follows:
(I)
60 percent of the remaining appropriated funds shall be distributed among the eligible Tribal Colleges and Universities on a pro rata basis, based on the respective Indian student counts (as defined in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801(a))2 of the Tribal Colleges and Universities.
(II)
The remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges and Universities.
(ii)
Minimum grant— The amount distributed to a Tribal College or University under clause (i) shall not be less than $500,000.
(4)
Special rules—
(A)
Concurrent funding— No Tribal College or University that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of subchapter V.
(B)
Exemption— Section 1059(d) of this title shall not apply to institutions that are eligible to receive funds under this section.

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original. Probably should be followed by a third closing parenthesis.
Notes, amendments, and revision history

(Pub. L. 89–329, title III, § 316, as added Pub. L. 102–325, title III, § 302(d)(1), July 23, 1992, 106 Stat. 473; amended Pub. L. 103–208, § 2(a)(7), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 105–244, title III, § 303(e), Oct. 7, 1998, 112 Stat. 1639; Pub. L. 106–211, § 1(a), (b)(1), May 26, 2000, 114 Stat. 330; Pub. L. 110–315, title III, § 303, Aug. 14, 2008, 122 Stat. 3167; Pub. L. 111–39, title III, § 301(1), July 1, 2009, 123 Stat. 1936.)

Editorial Notes

References in Text

The Tribally Controlled Colleges and Universities Assistance Act of 1978, referred to in subsec. (b)(3)(A), is Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, which is classified principally to chapter 20 (§ 1801 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 25 and Tables.

The Navajo Community College Act, referred to in subsec. (b)(3)(A), is Pub. L. 92–189, Dec. 15, 1971, 85 Stat. 646, which was classified to section 640a et seq. of Title 25, Indians, and was omitted from the Code as being of special and not general application.

Section 532 of the Equity in Educational Land-Grant Status Act of 1994, referred to in subsec. (b)(3)(B), is section 532 of Pub. L. 103–382, which is set out in a note under section 301 of Title 7, Agriculture.

Amendments

2009—Subsec. (a). Pub. L. 111–39, § 301(1)(A), substituted “Tribal” for “Indian Tribal”.

Subsec. (b)(1), (2). Pub. L. 111–39, § 301(1)(B)(i), (ii), substituted “the Tribally Controlled Colleges and Universities Assistance Act of 1978” for “the Tribally Controlled College or University Assistance Act of 1978”.

Subsec. (b)(3)(A). Pub. L. 111–39, § 301(1)(B)(iii), substituted “the Navajo Community College Act” for “the Navajo Community College Assistance Act of 1978”.

2008—Subsec. (b)(3). Pub. L. 110–315, § 303(1), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The term ‘Tribal College or University’ has the meaning give the term ‘tribally controlled college or university’ in section 1801 of title 25, and includes an institution listed in the Equity in Educational Land Grant Status Act of 1994.

Subsec. (c)(2)(B). Pub. L. 110–315, § 303(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services;”.

Subsec. (c)(2)(C). Pub. L. 110–315, § 303(2)(B), inserted “or in tribal governance or tribal public policy” before semicolon at end.

Subsec. (c)(2)(D). Pub. L. 110–315, § 303(2)(C), inserted “and instruction in tribal governance or tribal public policy” before semicolon at end.

Subsec. (c)(2)(G) to (N). Pub. L. 110–315, § 303(2)(D)–(H), added subpars. (G) and (M), redesignated former subpars. (G), (H), (I), (J), (K), and (L) as subpars. (H), (I), (J), (K), (L), and (N), respectively, and in subpar. (N)(i) substituted “subparagraphs (A) through (M)” for “subparagraphs (A) through (K)”.

Subsec. (d). Pub. L. 110–315, § 303(3), added subsec. (d) and struck out former subsec. (d) which related to the application process for assistance under this section.

2000—Subsec. (d)(2). Pub. L. 106–211, § 1(a), inserted after first sentence “The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section.”

Subsec. (d)(3). Pub. L. 106–211, § 1(b)(1), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “For the purposes of this part, no Tribal College or University that is eligible for and receives funds under this section may concurrently receive other funds under this part or part B of this subchapter.”

1998—Pub. L. 105–244 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (e) authorizing grants and related assistance to Hispanic-serving institutions to enable such institutions to improve and expand their capacity to serve Hispanic and other low-income students.

1993—Subsec. (c). Pub. L. 103–208 substituted “(2) Examples of authorized activities.—Such programs may include—” for “Such programs may include—”.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 2000 Amendment

Pub. L. 106–211, § 1(c), May 26, 2000, 114 Stat. 331, provided that: “The amendments made by this Act [amending this section and section 1059d of this title] shall be effective on the date of the enactment of this Act [May 26, 2000].”

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.

Effective Date

Section effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title.

§1059d. Alaska Native and Native Hawaiian-serving institutions

20 U.S.C. § 1059d

(a)
Program authorized— The Secretary shall provide grants and related assistance to Alaska Native-serving institutions and Native Hawaiian-serving institutions to enable such institutions to improve and expand their capacity to serve Alaska Natives and Native Hawaiians.
(b)
Definitions— For the purpose of this section—
(1)
the term “Alaska Native” has the meaning given the term in section 7546 of this title;
(2)
the term “Alaska Native-serving institution” means an institution of higher education that—
(A)
is an eligible institution under section 1058(b) of this title; and
(B)
at the time of application, has an enrollment of undergraduate students that is at least 20 percent Alaska Native students;
(3)
the term “Native Hawaiian” has the meaning given the term in section 7517 of this title; and
(4)
the term “Native Hawaiian-serving institution” means an institution of higher education which—
(A)
is an eligible institution under section 1058(b) of this title; and
(B)
at the time of application, has an enrollment of undergraduate students that is at least 10 percent Native Hawaiian students.
(c)
Authorized activities—
(1)
Types of activities authorized— Grants awarded under this section shall be used by Alaska Native-serving institutions and Native Hawaiian-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Alaska Natives or Native Hawaiians.
(2)
Examples of authorized activities— Such programs may include—
(A)
purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
(B)
renovation and improvement in classroom, library, laboratory, and other instructional facilities;
(C)
support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction;
(D)
curriculum development and academic instruction;
(E)
purchase of library books, periodicals, microfilm, and other educational materials;
(F)
funds and administrative management, and acquisition of equipment for use in strengthening funds management;
(G)
joint use of facilities such as laboratories and libraries;
(H)
academic tutoring and counseling programs and student support services; and
(I)
education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ families.
(d)
Application process—
(1)
Institutional eligibility— Each Alaska Native-serving institution and Native Hawaiian-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Alaska Native-serving institution or a Native Hawaiian-serving institution as defined in subsection (b), along with such other information and data as the Secretary may by regulation require.
(2)
Applications— Any institution which is determined by the Secretary to be an Alaska Native-serving institution or a Native Hawaiian-serving institution may submit an application for assistance under this section to the Secretary. The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section. Such application shall include—
(A)
a 5-year plan for improving the assistance provided by the Alaska Native-serving institution or the Native Hawaiian-serving institution to Alaska Native or Native Hawaiian students; and
(B)
such other information and assurance as the Secretary may require.
(3)
Special rules—
(A)
Eligibility— No Alaskan Native-serving institution or Native Hawaiian-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B.
(B)
Exemption— Section 1059(d) of this title shall not apply to institutions that are eligible to receive funds under this section.
(C)
Distribution— In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.
Notes, amendments, and revision history

(Pub. L. 89–329, title III, § 317, as added Pub. L. 105–244, title III, § 303(f), Oct. 7, 1998, 112 Stat. 1641; amended Pub. L. 106–211, § 1(a), (b)(2), May 26, 2000, 114 Stat. 330; Pub. L. 107–110, title VII, § 702(a), Jan. 8, 2002, 115 Stat. 1946; Pub. L. 110–315, title III, § 304, Aug. 14, 2008, 122 Stat. 3169; Pub. L. 114–95, title IX, § 9215(oo)(6), Dec. 10, 2015, 129 Stat. 2179.)

Editorial Notes

Amendments

2015—Subsec. (b)(1). Pub. L. 114–95, § 9215(oo)(6)(A), made technical amendment to reference in original act which appears in text as reference to section 7546 of this title.

Subsec. (b)(3). Pub. L. 114–95, § 9215(oo)(6)(B), made technical amendment to reference in original act which appears in text as reference to section 7517 of this title.

2008—Subsec. (c)(2)(I). Pub. L. 110–315 added subpar. (I).

2002—Subsec. (b)(1). Pub. L. 107–110, § 702(a)(1), substituted “section 7546” for “section 7938”.

Subsec. (b)(3). Pub. L. 107–110, § 702(a)(2), substituted “section 7517” for “section 7912”.

2000—Subsec. (d)(2). Pub. L. 106–211, § 1(a), inserted after first sentence “The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section.”

Subsec. (d)(3). Pub. L. 106–211, § 1(b)(2), added par. (3).

Subsec. (e). Pub. L. 106–211, § 1(b)(2), struck out heading and text of subsec. (e). Text read as follows: “For the purposes of this section, no Alaska Native-serving institution or Native Hawaiian-serving institution which is eligible for and receives funds under this section may concurrently receive other funds under this part or part B of this subchapter.”

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title.

Effective Date

Section effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title.

§1059e. Predominantly Black Institutions

20 U.S.C. § 1059e

(a)
Purpose— It is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance.
(b)
Definitions— In this section:
(1)
Eligible institution— The term “eligible institution” means an institution of higher education that—
(A)
has an enrollment of needy undergraduate students;
(B)
has an average educational and general expenditure that is low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions that offer similar instruction, except that the Secretary may apply the waiver requirements described in section 1068a(b) of this title to this subparagraph in the same manner as the Secretary applies the waiver requirements to section 1058(b)(1)(B) of this title;
(C)
has an enrollment of undergraduate students that is not less than 40 percent Black American students;
(D)
is legally authorized to provide, and provides, within the State an educational program for which the institution of higher education awards a baccalaureate degree or, in the case of a junior or community college, an associate’s degree;
(E)
is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation; and
(F)
is not receiving assistance under—
(i)
part B;
(ii)
part A of subchapter V; or
(iii)
an annual authorization of appropriations under the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123).
(2)
Enrollment of needy students— The term “enrollment of needy students” means the enrollment at an eligible institution with respect to which not less than 50 percent of the undergraduate students enrolled in an academic program leading to a degree—
(A)
in the second fiscal year preceding the fiscal year for which the determination is made, were Federal Pell Grant recipients for such year;
(B)
come from families that receive benefits under a means-tested Federal benefit program;
(C)
attended a public or nonprofit private secondary school that—
(i)
is in the school district of a local educational agency that was eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.] for any year during which the student attended such secondary school; and
(ii)
for the purpose of this paragraph and for such year of attendance, was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children meeting a measure of poverty under section 1113(a)(5) of such Act [20 U.S.C. 6313(a)(5)] exceeds 30 percent of the total enrollment of such school; or
(D)
are first-generation college students and a majority of such first-generation college students are low-income individuals.
(3)
First-generation college student— The term “first-generation college student” has the meaning given the term in section 1070a–11(h) of this title.
(4)
Low-income individual— The term “low-income individual” has the meaning given such term in section 1070a–11(h) of this title.
(5)
Means-tested Federal benefit program— The term “means-tested Federal benefit program” means a program of the Federal Government, other than a program under subchapter IV, in which eligibility for the program’s benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit.
(6)
Predominantly Black Institution— The term “Predominantly Black Institution” means an institution of higher education, as defined in section 1001(a) of this title—
(A)
that is an eligible institution with not less than 1,000 undergraduate students;
(B)
at which not less than 50 percent of the undergraduate students enrolled at the eligible institution are low-income individuals or first-generation college students; and
(C)
at which not less than 50 percent of the undergraduate students are enrolled in an educational program leading to a bachelor’s or associate’s degree that the eligible institution is licensed to award by the State in which the eligible institution is located.
(7)
State— The term “State” means each of the 50 States and the District of Columbia.
(c)
Grant authority—
(1)
In general— The Secretary is authorized to award grants, from allotments under subsection (e), to Predominantly Black Institutions to enable the Predominantly Black Institutions to carry out the authorized activities described in subsection (d).
(2)
Priority— In awarding grants under this section the Secretary shall give priority to Predominantly Black Institutions with large numbers or percentages of students described in subsections1 (b)(1)(A) or (b)(1)(C). The level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(A) shall be twice the level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(C).
(d)
Authorized activities—
(1)
Required activities— Grant funds provided under this section shall be used—
(A)
to assist the Predominantly Black Institution to plan, develop, undertake, and implement programs to enhance the institution’s capacity to serve more low- and middle-income Black American students;
(B)
to expand higher education opportunities for students eligible to participate in programs under subchapter IV by encouraging college preparation and student persistence in secondary school and postsecondary education; and
(C)
to strengthen the financial ability of the Predominantly Black Institution to serve the academic needs of the students described in subparagraphs (A) and (B).
(2)
Additional activities— Grant funds provided under this section shall be used for one or more of the following activities:
(A)
The activities described in paragraphs (1) through (12) of section 1057(c) of this title.
(B)
Academic instruction in disciplines in which Black Americans are underrepresented.
(C)
Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary school or secondary school in the State that shall include, as part of such program, preparation for teacher certification or licensure.
(D)
Establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education.
(E)
Other activities proposed in the application submitted pursuant to subsection (f) that—
(i)
contribute to carrying out the purpose of this section; and
(ii)
are approved by the Secretary as part of the review and approval of an application submitted under subsection (f).
(3)
Endowment fund—
(A)
In general— A Predominantly Black Institution may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution.
(B)
Matching requirement— In order to be eligible to use grant funds in accordance with subparagraph (A), a Predominantly Black Institution shall provide matching funds from non-Federal sources, in an amount equal to or greater than the Federal funds used in accordance with subparagraph (A), for the establishment or increase of the endowment fund.
(C)
Comparability— The provisions of part C, regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under subparagraph (A).
(4)
Limitation— Not more than 50 percent of the grant funds provided to a Predominantly Black Institution under this section may be available for the purpose of constructing or maintaining a classroom, library, laboratory, or other instructional facility.
(e)
Allotments to Predominantly Black Institutions—
(1)
Federal Pell Grant basis— From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-half of that amount as the number of Federal Pell Grant recipients in attendance at such institution at the end of the academic year preceding the beginning of that fiscal year, bears to the total number of Federal Pell Grant recipients at all such institutions at the end of such academic year.
(2)
Graduates basis— From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the number of graduates for such academic year at such institution, bears to the total number of graduates for such academic year at all such institutions.
(3)
Graduates seeking a higher degree basis— From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the percentage of graduates from such institution who are admitted to and in attendance at, not later than two years after graduation with an associate’s degree or a baccalaureate degree, a baccalaureate degree-granting institution or a graduate or professional school in a degree program in disciplines in which Black American students are underrepresented, bears to the percentage of such graduates for all such institutions.
(4)
Minimum allotment—
(A)
In general— Notwithstanding paragraphs (1), (2), and (3), the amount allotted to each Predominantly Black Institution under this section may not be less than $250,000.
(B)
Insufficient amount— If the amounts appropriated to carry out this section for a fiscal year are not sufficient to pay the minimum allotment provided under subparagraph (A) for the fiscal year, then the amount of such minimum allotment shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allotment shall be increased on the same basis as the allotment was reduced until the amount allotted equals the minimum allotment required under subparagraph (A).
(5)
Reallotment— The amount of a Predominantly Black Institution’s allotment under paragraph (1), (2), (3), or (4) for any fiscal year that the Secretary determines will not be needed for such institution for the period for which such allotment is available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotments to such other institutions under this section for such fiscal year. The Secretary shall reallot such amounts from time to time, on such date and during such period as the Secretary determines appropriate.
(f)
Applications— Each Predominantly Black Institution desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.
(g)
Application review process— Section 1068b of this title shall not apply to applications under this section.
(h)
Duration and carryover— Any grant funds paid to a Predominantly Black Institution under this section that are not expended or used for the purposes for which the funds were paid within ten years following the date on which the grant was awarded, shall be repaid to the Treasury.
(i)
Special rule on eligibility— No Predominantly Black Institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of subchapter V.

Footnotes

  1. 1 So in original. Probably should be “subsection”.
Notes, amendments, and revision history

(Pub. L. 89–329, title III, § 318, as added Pub. L. 110–315, title III, § 305(a), Aug. 14, 2008, 122 Stat. 3169; amended Pub. L. 111–39, title III, § 301(2), July 1, 2009, 123 Stat. 1937.)

Editorial Notes

References in Text

The Act of March 2, 1867, referred to in subsec. (b)(1)(F)(iii), is act Mar. 2, 1867, ch. 162, 14 Stat. 438. Provisions relating to authorization of appropriations are contained in section 8 of the Act, which is classified to section 123 of this title. For complete classification of this Act to the Code, see Tables.

The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(2)(C)(i), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter I of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.

Amendments

2009—Subsec. (b)(1)(F). Pub. L. 111–39 added subpar. (F) and struck out former subpar. (F) which read as follows: “is not receiving assistance under part B or part A of subchapter V.”

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

§1059f. Native American-serving, nontribal institutions

20 U.S.C. § 1059f

(a)
Program authorized— The Secretary shall provide grants and related assistance to Native American-serving, nontribal institutions to enable such institutions to improve and expand their capacity to serve Native Americans and low-income individuals.
(b)
Definitions— In this section:
(1)
Native American— The term “Native American” means an individual who is of a tribe, people, or culture that is indigenous to the United States.
(2)
Native American-serving, nontribal institution— The term “Native American-serving, nontribal institution” means an institution of higher education, as defined in section 1001(a) of this title, that, at the time of application—
(A)
is an eligible institution under section 1058(b) of this title;
(B)
has an enrollment of undergraduate students that is not less than 10 percent Native American students; and
(C)
is not a Tribal College or University (as defined in section 1059c of this title).
(c)
Authorized activities—
(1)
Types of activities authorized— Grants awarded under this section shall be used by Native American-serving, nontribal institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Native Americans and low-income individuals.
(2)
Examples of authorized activities— Such programs may include—
(A)
the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
(B)
renovation and improvement in classroom, library, laboratory, and other instructional facilities;
(C)
support of faculty exchanges, and faculty development and faculty fellowships to assist faculty in attaining advanced degrees in the faculty’s field of instruction;
(D)
curriculum development and academic instruction;
(E)
the purchase of library books, periodicals, microfilm, and other educational materials;
(F)
funds and administrative management, and acquisition of equipment for use in strengthening funds management;
(G)
the joint use of facilities such as laboratories and libraries;
(H)
academic tutoring and counseling programs and student support services; and
(I)
education or counseling services designed to improve the financial and economic literacy of students or the students’ families.
(d)
Application process—
(1)
Institutional eligibility— A Native American-serving, nontribal institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is a Native American-serving, nontribal institution, along with such other information and data as the Secretary may reasonably require.
(2)
Applications—
(A)
Authority to submit applications— Any institution that is determined by the Secretary to be a Native American-serving, nontribal institution may submit an application for assistance under this section to the Secretary.
(B)
Simplified and streamlined format— The Secretary shall, to the extent possible, continue to prescribe a simplified and streamlined format for applications under this section that takes into account the limited number of institutions that are eligible for assistance under this section.
(C)
Content— An application submitted under subparagraph (A) shall include—
(i)
a five-year plan for improving the assistance provided by the Native American-serving, nontribal institution to Native Americans and low-income individuals; and
(ii)
such other information and assurances as the Secretary may reasonably require.
(3)
Special rules—
(A)
Eligibility— No Native American-serving, nontribal institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of subchapter V.
(B)
Exemption— Section 1059(d) of this title shall not apply to institutions that are eligible to receive funds under this section.
(C)
Distribution— In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.
(D)
Minimum grant amount— The minimum amount of a grant under this section shall be $200,000.
Notes, amendments, and revision history

(Pub. L. 89–329, title III, § 319, as added Pub. L. 110–315, title III, § 306, Aug. 14, 2008, 122 Stat. 3173.)

§1059g. Asian American and Native American Pacific Islander-serving institutions

20 U.S.C. § 1059g

(a)
Program authorized— The Secretary shall provide grants and related assistance to Asian American and Native American Pacific Islander-serving institutions to enable such institutions to improve and expand their capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals.
(b)
Definitions— In this section:
(1)
Asian American— The term “Asian American” has the meaning given the term “Asian” in the Office of Management and Budget’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789).
(2)
Asian American and Native American Pacific Islander-serving institution— The term “Asian American and Native American Pacific Islander-serving institution” means an institution of higher education that—
(A)
is an eligible institution under section 1058(b) of this title; and
(B)
at the time of application, has an enrollment of undergraduate students that is not less than 10 percent students who are Asian American or Native American Pacific Islander.
(3)
Native American Pacific Islander— The term “Native American Pacific Islander” means any descendant of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.
(c)
Authorized activities—
(1)
Types of activities authorized— Grants awarded under this section shall be used by Asian American and Native American Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals.
(2)
Examples of authorized activities— Such programs may include—
(A)
purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
(B)
renovation and improvement in classroom, library, laboratory, and other instructional facilities;
(C)
support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction;
(D)
curriculum development and academic instruction;
(E)
purchase of library books, periodicals, microfilm, and other educational materials;
(F)
funds and administrative management, and acquisition of equipment for use in strengthening funds management;
(G)
joint use of facilities such as laboratories and libraries;
(H)
academic tutoring and counseling programs and student support services;
(I)
establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education;
(J)
establishing or improving an endowment fund;
(K)
academic instruction in disciplines in which Asian Americans and Native American Pacific Islanders are underrepresented;
(L)
conducting research and data collection for Asian American and Native American Pacific Islander populations and subpopulations;
(M)
establishing partnerships with community-based organizations serving Asian Americans and Native American Pacific Islanders; and
(N)
education or counseling services designed to improve the financial and economic literacy of students or the students’ families.
(d)
Application process—
(1)
Institutional eligibility— Each Asian American and Native American Pacific Islander-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Asian American and Native American Pacific Islander-serving institution as defined in subsection (b), along with such other information and data as the Secretary may reasonably require.
(2)
Applications— Any institution that is determined by the Secretary to be an Asian American and Native American Pacific Islander-serving institution may submit an application for assistance under this section to the Secretary. Such application shall include—
(A)
a five-year plan for improving the assistance provided by the Asian American and Native American Pacific Islander-serving institution to Asian American and Native American Pacific Islander students and low-income individuals; and
(B)
such other information and assurances as the Secretary may reasonably require.
(3)
Special rules—
(A)
Eligibility— No Asian American and Native American Pacific Islander-serving institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or subchapter V.
(B)
Exemption— Section 1059(d) of this title shall not apply to institutions that are eligible to receive funds under this section.
(C)
Distribution— In awarding grants under this section, the Secretary shall—
(i)
to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions; and
(ii)
give priority consideration to institutions for which not less than 10 percent of such institution’s Asian American and Native American Pacific Islander students are low-income individuals.
Notes, amendments, and revision history

(Pub. L. 89–329, title III, § 320, as added Pub. L. 110–315, title III, § 307, Aug. 14, 2008, 122 Stat. 3175.)